*Students, Please add detail and content where possible. All I ask is that you edit in blue and indent where appropriate.
Articles of Confederation
Set up a weak central government
Organization of the national government under the Articles (created 1777, ratified 1781)- very loose association between states. So little power that most states did not listen to gov't if they did not agree with them. It was almost pointless. There was no executive or judicial branch meaning that there was no checks and balances. It was so bad that people were actually beginning to doubt the system of democracy. At one point, Col. Nicola even suggested to Washington that he just take over. He replied that he could not have found a person to whom his plan was more disagreeable.
Why did the leaders set up a weak national government? People did not want the same problem that they had had in Britain where the government was overly controlling and gave the people no power. So instead of a strong central government, the states all had the power and gave the central government almost none. This was the opposite extreme to an overpowering government.
Problems
no national identity- Most people felt loyal to their states. They thought of themselves as New Yorkers or Virginians as opposed to Americans. No state wanted to give up their power or independence, or a small portion of that power to the country as a whole. They felt that in one nation, their individual needs would be compromised.
disputes over land and money- States often argued with each other and there was no supreme authority to mediate these fights. EX. New York and New Hampshire both claimed Vermont. For the money, each state starting making their own currency, so this made things very confusing for trade and also people did not know how much each state's dollar was worth. To add to this, the United States was deeply in debt from the war. However, Congress could not pay it back because they could not tax people under the laws of the Articles.
Limited Success
Northwest Ordinance- Sets method for admitting new states. New states had to include a Bill of Rights and Public Education (with the education, people could be taxed because educated people benefits everyone) This is important because it shows that Americans (though they aren't very untied at this point) believe in the protection of individual liberties (Bill of Rights) and Education...will be more evident during the Ratification of the Constitution
Change Needed
Economic Depression-The economy of the new America was failing because of the debt, inflation, and inconsistencies.
Shays' Rebellion- Farmers bought loans for better equipment while they were doing well during the Revolutionary War. When the war was done they had no money, they couldn't pay taxes and there loans back. The government came to take the land of the farmers. The farmers rebelled by attacking courthouses and preventing the state from seizing farms. (See page 204 in textbook for more information). It was a small rebellion but it proved the point that obviously things needed to change.
Constitutional Convention- came together in Philadelphia in the summer of 1787. Very secretive
Aimed to "fix" the Articles-They realized that they needed to make a brand new Constitution for things to work.That's how bad the Articles were!
Notable Members-Benjamin Franklin-was wise in the ways of government and human nature (aka lady's man); Alexander Hamilton was one of the writers of the Federalist papers and he despised the Articles of Confederation; George Washington-was representative from Virginia and was so well respected that he was elected as the President of Convention; James Madison was known as the "Father of the Constitution" and he was best prepared for the convention-he did a lot of research on politics, commerce, and history before showing up to convention.
Debate #1- Big vs. Small states- how should they be represented on the National Level?
Virginia Plan-A national government with two houses and three branches of government. Each state's vote in the legislature depends on the state's population. Bigger states favored this plan (would get more power).
New Jersey Plan-A national government with three branches of government and each state gets one vote/representative in the 1 house of legislature. Smaller states favored this because they were afraid of the bigger states having all the say. In this plan, all states were equal.
Great Compromise-Proposed by Roger Sherman- A two house legislature with lower and upper houses. The House of Representatives( the amount of representatives are decided by population) and the Senate. Two senators per state (not by population).
Debate #2- North vs. South- Should slaves be counted when determining a state's population? Southern states said yes- meant more representatives.
3/5th Compromise-- three-fifths of slaves in the state were counted into the population of the states because southern states would not sign if slaves were not counted as some population. This was because the majority of southern population was slaves due to the large plantations. Northern states thought slaves were more like property and could not vote so they thought they should not be counted in population.
Slavery-- the government wouldn't do anything about making the slave trade illegal until 20 years, so that the southern states would agree to ratify the Constitution, which was a more important issue.
Ratification of the Constitution
9 of the 13 states had to ratify it (sign it)
But all 13 did!
Federalists-People who supported the Constitution
Believed Articles were ineffective
Favored Strong National Government
Madison, Hamilton, Jay - Federalists Papers- very important to understanding the history of the constitution
Antifederalists-People who did not support the Constitution (usually bigger states). they did not want to lose some of there power.
Scared of Strong Central Government- thought that the President could easily pronounce himself "king"
Believed President could become a dictator-because they knew George Washington was good, but thought a bad president might come along.
Patrick Henry-Patrick Henry was a very strong leader of the Antifederalists. He was very inspiring, but did not make as much sense as James Madison
Bill of Rights
Antifederalists- wanted a list of guaranteed rights.This was the only way that they would agree to sign the Constitution. Did not trust government.
Federalists- believed constitution was enough and scared to list out inherit rights (what if miss one?)- thought the constitution would efficiently protect people without a Bill of Rights. Also thought politicians and leaders would be good and not take people's rights.
Adopted compromise- 1st Ten Amendments (bill of rights)
Bill of Rights
1st Amendment- "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people peaceably to assemble, and to petition the Government for a redress of grievances."
Religion
Meaning-
Free Exercise Clause- Everyone can practice whatever religion they want to as long as their religion does not involve causing people harm. No one is allowed to tell them that their religion is wrong or that they have to switch religions.
The "Establishment Clause" states that the Government is not allowed to get involved with a person and their religion or change a person's religious views. The Government cannot force people to practice a certain religion, attend mandatory church services, or create a national religion. The government is not allowed to favor a certain religion. The only restriction is that you cannot make up your own religion.
Background-People came to America for religious freedom. In England, they were punished if they did not belong to the Church of England (Anglican Church). People wanted to be able to practice the religion of their choice without anyone telling them they are wrong. There were questions about how much Church and State should be separated. There were religious colonies such as the Massachusetts Bay Colony was founded by Puritans, Pennsylvania was founded by Quakers, and Maryland by Roman-Catholics. James Madison brought up the idea about religion being on the Bill of Rights.
Relevance-Religion is a very personal topic for many people and there are wars being fought today concerning religion. Some people think that Church and State should be totally separate and should not be involved with each other in any way what so ever. Other people think that Government should simply not favor one religious faith over another. Specific issues that are important today include Prayer in schools, the 10 Commandments on Court Houses, and Religious Symbols (ex. Christmas trees) on government property.
Court Cases- Engel v. Vitale- After the bell rang each morning in the New Hyde Park District Schools, students would stand up and recite a Christian prayer. Students had the option to say the prayer or sit out on the prayer. Five parents who had a total of ten children in New Hyde Park District Schools complained to the school district. One of the parents was Stephen Engel. The parents said the prayer was offensive to those who were non-Christians and that it was a violation of the 1st Amendment. The school district said that the prayer was apart of American Heritage and that it was not meant for one certain religion. The final vote in court banned the prayer from schools because the Supreme Court felt that a government agency (in this case the school district) could not promote religious worship.
Speech/ Assembly
Meaning-It is the right to states your beliefs. "Speech", though, has been determined to mean more than a verbal statement. "Speech" also includes actions and expressions. You can say whatever you want whenever you want as long as it is not a threat that could put people in danger (i.e. "Bomb!").
Background-This was originally created for political reasons. Some of the ideas behind this came from experience. In Britain, people were being punished because they spoke their opinions. People didn't want to have this problem in America. Government wanted people to be able to state and express their opinions without fear of punishment. Also, The Founding Fathers were fearful of a corrupt, absolutist government. Freedom of speech is one way to keep the government responsible to the people.
Relevance- Today, people have the right to express their opinions. They can do this through protest, by expressing their actions, etc. Government can make no law that prohibits this. Speech is not limited to verbally spoken words. Today, many people protest the war in Iraq, health care reform, etc.
Court Case- Texas v. Johnson-Gregory Lee Johnson attended the 1984 Republican Convention in Dallas, Texas. The people in Dallas were protesting the policies of different companies that were based in Dallas. The people marched through the streets of Dallas protesting and holding up signs. Someone handed Johnson an American flag that had been taken off of a flagpole in front of one of the targeted buildings. Johnson poured kerosene on the flag and and set it on fire. He was arrested under a Texas law that prohibited flag burning. Johnson said that he was exercising his freedom of speech. When brought to the supreme court they did not find him guilty of violating the 1st amendment, but found him guilty of robbery (taking someone else's flag). Thus, it was determined that a state could not make a law against flag-burning as that for of expression was protected by the 1st Amendment
Press
Meaning-If the press finds something out about someone or something, they can publish it. No government censorship! They do not have to ask the government for permission on everything they publish. That would be unreasonable. They cannot publish it if it will hurt or harm the government in some way.
Background-(see freedom of speech above). The goal again was to keep government accountable for their actions and to prevent corruption
Relevance- Today you can print what you want as long as it doesn't harm someone or there career and as long as it isn't a complete lie. Libel and Slander are illegal.
Court Case- New York Times v. United States-The New York times got a hold of The Pentagon Papers- research concerning the War in Vietnam (basically showed that the war effort was a failure). The Federal Government brought them to court saying that it would endanger the USA if they published those papers. The New York Times said that they were protected by freedom of the press and the USA had failed to give a legit threat that publishing the papers would cause. The USA said that the bill of rights did not give absolute freedom of the press. The final vote was 6-3 in favor of New York Times. The justices believed that the Bill of Rights protected their freedom of the press
2nd Amendment (only B and D Blocks)- "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed".
Meaning-It gives citizens to right to own guns. Government cannot take away guns from all households/militia. This applies to other weapons and arms, not just guns.
Background-Colonist had always carried guns with them throughout history. It was their means of protection and also a way of getting food. During the Revolution, the army needed guns to protect country against the "corrupt" British government. Some colonies evenrequiredownership of guns. This prevents a corrupt government. Through the years, it has mostly come to mean protection against government but citizens have the right to own them.
Relevance-This is very controversial today as no longer do we see it practical for an armed civilian militia to overthrow a corrupt American government. But, the question now becomes how should government regulate the ownership of guns. Some say that government should regulate selling of guns, some say that goes against the 2nd amendment, some say that only officers can own guns...
Court Case- Don't need to know one
4th Amendment- "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Meaning-No government agent (police officer) is allowed to search anyone's home(hin, body, or "effects" (things) without a signed warrant. A person's items are in their possession and only their possession- right of provacy. No official is allowed to be searched unreasonably. A warrant is only to be issued if necessary and if what is being searched and where is being searched is specified.
Exceptions: If an item is in plain view of the searcher with a warrant then it can be used as evidence in court. In immediate searches, all area within arms length of the accused can be searched without a warrant (for one safety, to make sure there is not a weapon). An area can be put off limits until a warrant is obtained. The key word here isunreasonably. Police can conduct searches within a reasonable manner.
Background-In the early 1700's, Britain gave the colonists lots of freedom. Then, because of taxes, people smuggled goods to the colonies. As a result, near the middle of the 1700's, King George III took away those freedoms. The Writs of Assistance went into affect and people could be searched at anytime, anywhere, for any or no reason, without a warrant, by custom officials. James Otis did not like the writs and said that they violated a person's privacy when first being issued in court. Founders kept this in mind when writing the Constitution.
Relevance-This amendment is relevant today because police are not allowed to search anyone's house without a warrant. If they do, it is a violation of the person's rights to the 4th Amendment. The the growth in technology, the amendment has had to stretch in its interpretation to include cars, computers, and personal files. Another big issue today is the Patriot Act. The Patriot Act was created to help prevent terrorism. It says that the Government is allowed to search private files and records, homes, and phone conversations of a suspected terrorist. However, they can only search without a warrant if it is an emergency. They are allowed to receive a warrant after their search. Also, if someone looks suspicious or is doing something suspicious, they are allowed to be searched and questioned.
Court Case- Mapp v. Ohio-The police thought that a recent bombing suspect was hiding in Dolly Mapp's home, so seven police men searched Dolly's home (no one is sure that they had a warrant). They did not find anything concerning the suspect, but they did find some very strange or obscene materials in a chest that belonged to Dolly. The police arrested her for having obscene materials, and was convicted under the law. Mapp appealed stating that her 4th amendment rights were violated. The Supreme Court agreed. The vote went in favor for Dolly that the police should not have arrested her because even if they did have a warrant the search of the chest was out of the specifications of the warrant.
5th Amendment- "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.
Meaning-The four main parts are...
grand jury clause- In capital cases, a Grand Jury will be held to determine if the case is worthy of a trial.
double jeopardy clause- one can not be tried for the same crime twice.
self-incrimination cause- The accused has the right (when questioned and during trial) to stay quiet. The Miranda Warning states that you have the right to remain silent, anything you say in court can be held against you
due process clause- Ensures that the accused will go through the process of arrest, trial, conviction in a fair and ordered manner
just compensation for property. As an example, if the government is building a bridge, say, the government can take your land if they need if to make room for the bridge. They have the right to take your land, but they must give you something in return for the land like money. You have no choice if the government takes your land or not.
the 5th Amendment does not apply to the military ,
Background-At first, people did not want a powerful government because they were afraid that a powerful dictator would take over. The fifth Amendment came from "Habeas Corpus" (to have a body) where the government had to tell you your rights before you went to jail. The part about due process cam from the Magna Carta when it said, "People are entitled to a fair trial by the lawful judgement of their peers." Some came from colonial experience.
Relevance-If you are in court and you say "I take the 5th" that means that you do not want to speak. For example, an innocent person might want to say "I take the 5th" because anything you say can be used against you. Americans are guaranteed freedom and fairness.
Court Cases- Miranda v. Arizona-Ernesto Miranda kidnapped and rapped a women who was walking home from work in Arizona one day and was arrested. When the police arrested Miranda, they did not inform him of his rights, nor did they tell him what he was being arrested for. For example, he didn't know that he could remain silent and was urged for his own good to confess (which he did). Miranda was found guilty at trial, but he appealed the decision stating that he was not informed of his rights. As a result, the police now inform all people arrested of their crimes and read them their "Miranda" Rights. ("you have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you can not afford an attorney, one will be appointed to you by the court. do you understand these rights as I have explained them to you?"
6th Amendment- "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense".
Meaning-When someone is accused of doing something wrong, they have to be told what their crime is. If someone commits a crime in Tennessee, say, they have to have a trial in Tennessee because different states have different laws. Every person has the right to a fair and speedy trial(to request that they go to court soon). Every person also has the right to a fair and public defender. There is to be no biased jury. They also have the right to a witness and to confront the witnesses against them. The right to have an attorney (will be provided if one can not afford one).
Background-Before the sixth Amendment, people were put in jail not knowing what they did wrong and without a trial. This was torture and the amendment was added to protect people from being accused.
Relevance-If you cannot afford a lawyer, one is given to you. Many people do not get the support they need in their trial. See the court case below. What is getting more and more difficult these days is the ability to have an unbiased jury for a popular trial (ex. OJ Simpson).
Court Case- Gideon v. Wainwright- Gideon was arrested for breaking into someone's house and was charged in a court in Florida. Gideon did not have the money to hire a lawyer, but they would not give Gideon a lawyer to defend himself. The judge said that Gideon's case was not serious enough for Gideon to require a lawyer. Gideon was found guilty and sentenced to five years in jail. While Gideon was in jail, he hand-wrote the supreme court who decided to hear his case. The Supreme Court found that Gideon (and all accused) should have the right to an attorney no matte the scope of the crime.
8th Amendment- "Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Meaning- Bail is a form of punishment in some states. This amendments keeps the government from giving a bail that could possibly bankrupt that person. Bail is money or property paid order to be out of jail while waiting to go to court. It insures that one will show up to court to get there money from the bail back. If the person accused does not show at the trial, the bail money is not given back. The bail must fit the importance of the crime and the person paying it. The punishment of a crime must also fit the crime (can not put a person who stole $100 to death). This amendment is preventing a person from receiving cruel and unusual punishments. Cruel and Unusual punishments are based off of opinion. A person might think a branding is cruel and unusual, and some might not.
Background-In England, some crimes were punished with fines. Some of the fines were so high that people ended up bankrupt paying the fines. This was the same with bail. Also in England, when a person was accused of being a witch, pick-pocketing, robbing people, and other things, they were punished with death. Some other punishments were being put in the stocks, lashing, and branding. These are now cruel and unusual punishments and are not used.
Relevance-Bail, like taxes, is typically determined by salary. It also depends on the crime. So does the punishment. It would be unfair for someone who robbed a candy store to have the same punishment as someone who murdered someone else. Also, it is typically considered cruel and unusual to execute a mentally handicapped person or one under the age of 18. The Death Penalty is not considered "cruel and unusual" as long as it does not torture the one being executed.
Court Case- Roper v. Simmons- In 2005, 17- year old Christopher and two of his friends (one of his friends dropped out) broke into Shirley Crook's house, kidnapped her, roped her hands and feet together with electrical wire, drove to a bridge, and threw her off. She drowned. Simmons and his friend were both tried as adults, even though they were 17 at the time of the crime. Simmons was found guilty and was sentenced to be executed. Simmons later filed a petition of Atkins, a case where a mentally disabled man was sentenced to death, but then not because he was mentally disabled, stating that the execution of a minor or mentally disabled was cruel and unusual punishment. A few years before, the Supreme court said in Atkins that mentally handicapped people could not be executed. Since Simmons was a minor, the court agreed that he could be classfied as a mentally disabled person. The court agreed, and declared that the execution of a minor was "Cruel and unusual". As a result, 70 individuals who had committed their crimes as minors were taken off death row. orFurman v. Georgia- One day, Furman was robbing a home when a resident of the home found him. He tried to run away, but he tripped. The gun he was carrying went off and killed the resident of the home. Furman was convicted of murder and was going to be sentenced to death, But because the killing was an accident it would be a violation of the 8th amendment (no cruel or unusual punishment) to put him to death.
Goals and Principles of the Constitution
Preamble: "We the people of the United States of America, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty for ourselves and our posterity, do ordain and establish this Constitution for the United States of America."
Goals set forth-"In order to form a more perfect union" indicated that the "Union" under the Articles of Confederation was weak and ineffective. Therefore, the goal of the Constitution was to create a better Union of the states. It also lays out the goals of creating an equal law system, a sense of peace, and a national armed forces.
Articles and Amendments
Articles: I. Legislative, II. Executive, III. Judicial, IV. Relations Between States, V. How to Amend, VI. "Supreme Law of Land", VII. How to Ratify the Constitution
Amendments-changes or additions to the Constitution
Bill of Rights-1st 10 amendments that were added before the constitution was ratified by all the states. List individual rights that government must always protest, never take away
27 Total (amendments)
Seven Basic Principles
Popular Sovereignty- The people choose the government and the government serves them. Government gets (derived) its power from the people."We the people"..."of the people, for the people"
Limited Government- Constitution states powers granted to gov't. Limited to this. The idea is that they do not control every aspect of people's lives. The gov't should effect peoples lives as little as possible.
Separation of Powers- 3 branches of gov't have separate roles. The do not all work on the same things
Checks and Balances- this keeps gov't from being corrupt. It makes sure one branch does not get too much power and can NEVER take complete control. They all can check each other's actions to make sure they are proper. Ex. The President can veto a law. The Supreme Court can rule a law unconstitutional.
*Make sure that you know at least one or two checks on each branch of government
Federalism- state gov't and national/federal gov't are separate and have defined powers. Describes what power the National government has (to declare war, coin money,and regulate trade between states) and what powers the states have (to tax, establish schools, make rules for state elections). Some powers are shared (raise taxes, borrow money -- more on page 235 in your textbook or on the poster in Mrs. Lucas' room). When powers are not specifically given to either gov't it is given to the states.
Republicanism- we as people do not directly vote on every issue. Instead, vote on representatives who vote on things as they think would benefit people of the area they represent. Citizens do not vote directly.
Individual Rights- (Bill of Rights)
Organization of the Federal Government
Legislative Branch
House of Representatives
based on population
2 year terms
voted on by the people
The Senate
every state gets 2 senators
6 year terms
Powers of Congress
Make Laws (see sheet "How a Bill Becomes a Law")
"The Elastic Clause"- "congress can make all laws which shall be necessary and proper"
Describe one compromise made during the Constitutional Convention.
What are four things the executive branch (president) can do?
discuss the system of checks and balances.
Court Cases- Miranda v. Arizona- Ernesto Miranda kidnapped and rapped a women who was walking home from work in Arizona one day and was arrested. When the police arrested Miranda, they did not inform him of his rights, nor did they tell him what he was being arrested for. For example, he didn't know that he could remain silent and was urged for his own good to confess (which he did). Miranda was found guilty at trial, but he appealed the decision stating that he was not informed of his rights. As a result, the police now inform all people arrested of their crimes and read them their "Miranda" Rights. ("you have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you can not afford an attorney, one will be appointed to you by the court. do you understand these rights as I have explained them to you?"
Possible Questions for the Test:
Describe one compromise made during the Constitutional Convention.What are four things the executive branch (president) can do?
discuss the system of checks and balances.